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HomeMy WebLinkAboutCC Minutes 2011-04-04IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL MONDAY, APRIL 4, 2011 REGULAR MEETING OF THE SAN RAFAEL CITY COUNCIL MINUTES Present: Albert J. Boro, Mayo Greg Brockbank, Vice -Mayor Damon Connolly, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Also Present: Nancy Mackle, City Manager Robert F. Epstein, City Attorney Esther Beirne, City Clerk Members of the public may speak on Agenda items. OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Public Employee Performance Evaluation (Government Code Section 54957) Title: Interim City Manager City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:11 PM Tarqet: - File 9-1 Clavton Smith stated it was clear to him that the profitability of Target would come at the expense of the profitability of other stores and would contribute to a loss of circulation of money in Marin County. Chemtrails: - File 9-1 Peter Kirbv, San Rafael, explaining that Chemtrails were the lines emitted from jet airplanes, the main ingredient being aluminum, followed by barium and other toxins harmful to health, inquired as to the best method of declaring San Rafael a Chemtrail free zone. Mayor Boro suggested that Mr. Kirby submit a letter to him or the City Manager. Councilmember Levine moved and Councilmember Heller seconded to approve the Consent Calendar, as follows: CONSENT CALENDAR: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM: Approval of Minutes of City Council Meeting of March 21, 2011 (CC) Minutes approved as submitted. Call for Applications to Fill Three Vacancies on the Board of Library Trustees, to the End of April, 2015, due to Expiration of Terms of Charles Stuckey, Ursula Davidson and Sean Prendiville (CC) — File 9-2-3 a) Called for applications for appointments to fill three, 4 -year terms on the Board of Library Trustees to the end of April, 2015 CC 04-04-2011 AA b) Set deadline for receipt of applications for Tuesday, April 26, 2011 at 5:00 p.m. in the City Clerk's Office, City Hall, Room 209; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, May 2, 2011, tentatively commencing at 6:00 p.m. 4. Accept Completion of the Street Resurfacing Curb Ramps 2010-2011 Project, City Project #11161, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-623 Approved staff recommendation. Resolution Awarding a Contract for the Woodland Avenue Sidewalk Improvements for Laurel Dell Elementary School, A Safe Pathways to Schools Project, Project No. 11124, to Ghilotti Bros. Inc., in the Amount of $164,669.00 (Bid Opening held on Thursday, March 17, 2011 (PW) — File 4-1-626 RESOLUTION NO. 13125 — RESOLUTION AWARDING A CONTRACT FOR THE WOODLAND AVENUE SIDEWALK IMPROVEMENTS FOR LAUREL DELL SCHOOL, A SAFE PATHWAYS TO SCHOOLS PROJECT, PROJECT NO. 11124 TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $164,669.00 Resolution Authorizing Application for the 2011/2012 Cycle of the Program for Arterial System Synchronization (PASS) and Authorizing the Public Works Director to Sign a Waiver of Claims and Indemnification Agreement with the Metropolitan Transportation Commission (MTC) (PW) — File 170 x 11-10 x 9-3-40 RESOLUTION NO. 13126 — RESOLUTION AUTHORIZING APPLICATION FOR THE 2011/2012 CYCLE OF THE PROGRAM FOR ARTERIAL SYSTEM SYNCHRONIZATION (PASS) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN A WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT WITH THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) Consideration of: (PW) — File 6-56 1) Resolution Initiating Formation of the Pt. San Pedro Road Median Landscaping Assessment District; 2) Resolution Approving and Authorizing the City Manager to Execute a Memorandum of Understanding with the County of Marin Concerning Formation of the Pt. San Pedro Road Median Landscaping Assessment District; and 3) Resolution Approving the Engineer's Report Regarding the Proposed Pt. San Pedro Road Median Landscaping Assessment District; 1) RESOLUTION NO. 13127 — RESOLUTION INITIATING FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT 2) RESOLUTION NO. 13128 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN CONCERNING FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT 3) RESOLUTION NO. 13129 — RESOLUTION APPROVING THE ENGINEER'S REPORT REGARDING THE PROPOSED PT. SAN PEDRO ROAD MEDIAN LANDSCAPING ASSESSMENT DISTRICT Resolution Authorizing the Public Works Director to Execute the Agreement with the Association of Bay Area Governments (ABAG) Accepting a Grant for the Design of the Grand Avenue Pathway Connector Project (PW) File 111 RESOLUTION NO. 13130 — RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) ACCEPTING A GRANT FOR THE DESIGN OF THE GRAND AVENUE PATHWAY CONNECTOR PROJECT Resolution Authorizing Closure of Downtown City Streets in Connection with the San Rafael Twilight Criterium on Saturday, July 9, 2011 from 12:00 Noon to 10:00 p.m. — Race begins at 2:30 p.m. (RA) — File 11-19 CC 04-04-2011 RESOLUTION NO. 13131 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL TWILIGHT CRITERIUM ON SATURDAY, JULY 9, 2011 FROM 12 NOON TO 10:00 P.M. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 10. PRESENTATION REGARDING ENERGY UPGRADE CALIFORNIA REBATE PROGRAM BY DANA ARMANINO. MARIN COUNTY (CD) - FILE 271 Dana Armanino, County of Marin Sustainability Team, gave a presentation on the Energy Upgrade California Rebate Program. Using PowerPoint she presented an update on Energy Efficiency Programs in Marin County and introduced a new program launching statewide entitled "Energy Upgrade California." Ms. Armanino responded to questions from Councilmember Brockbank. PUBLIC HEARINGS: 11. a) RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE SAN RAFAEL BICYCLE/PEDESTRIAN MASTER PLAN 2011 UPDATE— FILE 261 X9 -2-55X 11-1 b) RESOLUTION ADOPTING THE SAN RAFAEL BICYCLE/PEDESTRIAN MASTER PLAN 2011 UPDATE Public Works Director Nader Mansourian presented the staff report. He acknowledged Bicycle & Pedestrian Advisory Committee members: Preston McCoy, Chair, Rocky Birdsey, Kate Powers, Sara Sonnet, Tim Gilbert, Vice -Chair, Jane Middleton and Don Magdanz. Mr. Mansourian also acknowledged the hard work and support from David Hoffman, Marin County Bicycle Coalition and he thanked Maureen Gaffney, who on behalf of the Association of Bay Area Governments (ABAG), contributed $200,000 in Bay Trails grant funds towards the Grand Avenue Bridge design. He also thanked Alta Planning + Design, who assisted with the completion of the project with Transportation Authority of Marin funding, and Kevin McGowan, Assistant Public Works Director, and Leslie Blomquist, Associate Civil Engineer, who worked on the BPAC Bike Plan. Kevin McGowan provided a PowerPoint presentation on the Bicycle/Pedestrian Master Plan 2011 Update. Councilmember Heller inquired whether sufficient staffing was available to go forward. Mr. Mansourian explained that with grants, schedules are shifted and staff would work with consultants to achieve the goals. Councilmember Connolly thanked Mr. Mansourian and his staff, the BPAC members, Marin County Bicycle Coalition and interested citizens for their efforts. He reported that as part of a Bay Area bike delegation he spent a week in four cities in the Netherlands and observed international best practices at work in this field. He confirmed that this was a living document to be improved upon over time and clarified with staff some aspects of the Master Plan requiring further work, underscoring the importance of the education element. With regard to improving bicycle parking, Leslie Blomquist stated staff currently was investigating options for installing bicycle parking in all capital improvements projects. — Class I and II type bicycle parking facilities. Staff would also work with the Golden Gate Bridge District to improve parking at the transit center. Councilmember Brockbank inquired whether staff was evaluating the type of facilities that should have bicycle parking, notably the YMCA. Ms. Blomquist stated bicycle parking installation was now required with new permits, as per the Municipal Code. Councilmember Levine requested that ample bicycle parking be made available at each destination point at City CC 04-04-2011 12 facilities, as well as evaluate and resolve bicycle safety issues. Mayor Boro inquired as to the status of the Heatherton/Bettini Center project. Indicating the project was challenging, Mr. Mansourian reported that on approval of the scope by CalTrans, an archeological investigation would be required. Mayor Boro congratulated staff on procuring the $200,000 grant for the Grand Avenue bridge design. Councilmember Connolly inquired as to the status of NTTP funds. Mr. Mansourian stated staff hoped to receive $1.3 million for Francisco Boulevard East. Mayor Boro declared the public hearing opened on 11. a) and b). David Hoffman, Planning Director, Marin County Bicycle Coalition, stated that the partnership with San Rafael had borne a lot of good fruit and the City would benefit greatly from the Master Plan, and he thanked staff for the creation of the multi -modal policy. Maureen Gaffnev, Association of Bay Area Governments and San Francisco Bay Trail Project, stated she was very pleased that the Cal Park Tunnel was now open. The Bay Trail Project was a planned 500 -mile path through an entire San Francisco Bay and indicating support for the Bicycle Plan, she thanked City staff for their work. Don Macidanz, BPAC, stating he was pleased that it was now possible to ride a bicycle from Northgate to the ferry connection also discussed various other projects. Appreciating the good working relationship with the Public Works Department and the City Council he indicated his support for the Bicycle Master Plan. Preston McCov, BPAC Chair, complimenting Leslie Blomquist on her excellent work on the Plan stated that it could be modified as needed. Noting staff believes routes would be built at the highest level possible at the time and perhaps improved on later, he urged approval of the Bicycle & Pedestrian Master Plan Update. There being no further comment from the audience, Mayor Boro closed the public hearing. a) Councilmember Connolly moved and Councilmember Brockbank seconded to adopt the resolution. RESOLUTION NO. 13132 — RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE SAN RAFAEL BICYCLE/PEDESTRIAN MASTER PLAN 2011 UPDATE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Heller moved and Councilmember Levine seconded to adopt the resolution. RESOLUTION NO. 13133 — RESOLUTION ADOPTING THE SAN RAFAEL/PEDESTRIAN MASTER PLAN 2011 UPDATE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a) STATUS REPORT REGARDING TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION WITHIN THE CITY OF SAN RAFAEL OF CERTAIN LARGE GROUP HOMES THAT ARE TRANSITORY IN NATURE (CA) — FILE 13-16 X 9-3-16 X 9-3-85 b) CONSIDERATION OF AN ORDINANCE ADOPTED AS AN URGENCY MEASURE MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION WITHIN THE CITY OF SAN RAFAEL OF CERTAIN LARGE GROUP HOMES THAT ARE TRANSITORY IN NATURE, AND DECLARING THE URGENCY THEREOF (CA) CC 04-04-2011 Providing background, City Attorney Robert Epstein explained that an unlicensed large group home was defined in the ordinance already adopted and the proposed ordinance as a "residential use of real property in a residential zoning district of the City operated on either a for-profit or not-for-profit business basis as a group home, not licensed by the State of California for the housing of seven or more unrelated adults, not including on-site managers or operators on a month-to-month or similar transitory basis." By its terms the moratorium does not apply to homes already open and occupied on or before March 7, 2011, as demonstrated by a notarized declaration under penalty of perjury certifying to such occupancy and submitted to the City upon written demand. Mr. Epstein stated that the government code under which the moratorium was adopted requires that City staff return with a report within forty-five days. The staff report is intended to serve that function and was the reason for staff's request that the City Council formally accept the report this evening. Mr. Epstein reported that he had already provided an opinion that the specified group home use is not contemplated by the zoning ordinance and therefore, is not a permitted use; however, it was staff's recommendation that the moratorium be adopted as a precautionary measure and that request and recommendation is reiterated this evening. He explained this was to allow staff the opportunity to take the time necessary to conduct a thorough review of the impact of unlicensed large group homes in residential areas, the opportunity to study the extensive federal and state law that governs in this area, look at San Rafael's zoning ordinance to ascertain the types of amendments to be proposed, and also to continue a process already begun to meet with interested members of the community representing both the persons operating the sober living facilities, the facilities that prompted the suggestion for the urgency ordinance, as well as persons otherwise interested in the community, be they neighbors of the proposed facilities or otherwise. With regard to the group homes located at 201 Marin Street and 1 Culloden, Mr. Epstein stated he wished to clarify and issue in the staff report regarding the declarations requested. He explained that staff met with Mr. Gorman, attorney representing the sober living facility operators at both addresses, had a very productive meeting, listened to concerns, discussed the applicable law and began a process that he believed would continue. Staff requested that Mr. Gorman request that his clients consider supplying the declarations contemplated by the ordinance, so that staff as well as interested members of the community, could be satisfied as to what was currently taking place. Due to the vagaries of email and spam filters, there were declarations that were then revised and sent to his office; however, while Mr. Gorman was receiving emails from Mr. Epstein, for some reason the City Attorney's Legal Assistant's email address was blocked by Mr. Gorman's email address and he was unaware he had received an email from the City; hence there had not been any contact in the interim — this took place in the past week or so. Mr. Epstein stated he wanted to clarify this issue because the staff report suggested there was some intentional delay on Mr. Gorman's or his clients' part, which he (Mr. Epstein) did not believe to be case having learned the facts today. The declarations requested were submitted by Mr. Gorman from his clients, both indicating that the moratorium would not apply to either facility. Mr. Epstein reported that in addition staff had an opportunity to meet with attorneys representing the interested neighbors in both Culloden Park and Gerstle Park. The meeting was lengthy and productive and as reflected on page 3 of the staff report, the law that applies is complicated and somewhat in flux. As reported at the March 7, 2011 meeting, a number of communities in California were currently struggling with attempting to regulate in this area. Staff appreciated the input from colleagues and would be inviting them to continue to provide input as the process unfolds. They were now working with staff to best devise a community process that would afford those people interested in the outcome of this work an opportunity to provide their ideas, input and to explain what they viewed as the benefits these proposed uses might provide in the community, as well as to the impacts they might perceive, positive, negative or otherwise. Having conducted substantial legal research, Mr. Epstein stated staff now requested time to continue the research and engage in the process described. He reiterated that the applicable law constrains the ability to regulate in this area; however, staff believed they had some ability to regulate the unlicensed, large group homes in residential neighborhoods and were working through the best way to do this. Mr. Epstein reported that the operators of the homes at 1 Culloden Park and 201 Marin Street, through their attorney, invited the City Council to tour the facilities; however, staff suggested to their attorney that it appeared a little early in the process. He clarified that the zoning ordinance amendments, when ready to be proposed, subsequent to a community process, would first be presented to the Planning CC 04-04-2011 Commission for review and consideration prior to returning to the City Council. As that process would take some time staff requested that the moratorium be extended through the 2011 calendar year; however, the hope was that it would not take that long. Returning to the invitation extended to the City Council and staff's expectation that it could be useful for some members to be involved in the process going forward to be in a position to report back to the entire Council, Mr. Epstein suggested that Mayor Boro consider appointing a committee of two councilmembers who might then be available to consult with staff, attend a community process if deemed appropriate, etc. In conclusion Mr. Epstein stated that two actions were required this evening: 1) Accept the Report; and 2) Consider extending the moratorium through the 2011 calendar year No direct fiscal impact was involved, other than the commitment of the City Attorney's office staff. Mr. Epstein noted that at the City's request permission was granted to inspect both facilities. No violations were found at 1 Culloden, and at 201 Marin Street some unpermitted work was identified for which a stop work order was issued. A building permit application was filed and it was anticipated that the building permit would be issued, at which time the work would be completed. Mayor Boro noted for the record that Vice -Mayor Brockbank and Councilmember Levine had agreed to work on the committee representing the City Council. Mr. Epstein confirmed for Councilmember Heller that for the remainder of this calendar year the two homes mentioned would be operating. He explained that a declaration had been received from the operator at 201 Marin Street that that facility as of March 7, 2011 was then operating with nine persons, plus two on-site managers, and the facility at 1 Culloden was operating with less than seven residents, and continues to do so. Therefore, by its terms the moratorium would not apply to either facility. Regarding the number of such facilities in San Rafael, Paul Jensen, Planning Manager, confirmed that the unlicensed facilities were much more difficult to track because of the inability to consult with an agency such as the State Department of Social Services from whom an inventory of license facilities citywide could be obtained. Staff ascertained there were a number of organizations offering memberships for certification for some facilities and was gathering information; however, from some information obtained it was determined there were at least ten sober living facilities in San Rafael; however, a handful of others were not listed in the resource secured that staff was aware of and the research was continuing. Councilmember Brockbank suggested working with other cities in Marin on statistics regarding their facilities and he questioned whether it would make sense to work with other jurisdictions in the County in an effort to come up with similar restrictions. Mr. Jensen stated that as part of the research it was found that some resources list these facilities by city. Mr. Brown stated he concluded from discussions with Planning Director colleagues that they did not consider the problem large enough to warrant the staff time involved. Mr. Epstein stated he had not heard of any interest from other cities in working on such an ordinance. Councilmember Levine stated that the Marin County Office of Alcohol, etc. was looking at this type of problem. He requested clarification on the fact that the City would go through some course to determine what actions may take given the current ordinances, regardless of whether or not the moratorium applies given the application of time. Mr. Epstein explained that staff determined the use was not contemplated by the zoning ordinance. A number a way to implement the moratorium was decided on, hopeful and still intending that the process of considering zoning ordinance amendments would be a finite process in terms of time. Technically, code enforcement could be pursued against an unlawful use; however, staff did not view this to be the most productive use of time given the limited resources, rather favored looking at what could be done. CC 04-04-2011 There also was concern with regard to what avenue code enforcement might take given the legal constraints described. He stated that the terms of the moratorium should not be considered as outlining the result because the issue was still being worked on. Mr. Epstein clarified that on March 7, 2011 that group home, as reflected in the verified declaration, had nine persons in residence and while he was not clear on what the agreement was amongst each other, it was clear from the verified declaration as to the number of occupants present. Councilmember Levine stated that the work he and Vice -Mayor Brockbank agreed to appeared to have a far broader impact than on 1 Culloden and 201 Marin Street; therefore, he appreciated the need to have a big picture of what was taking place across the entire City, to engage with the community and be in a position to advise the City Council how to go forward. Councilmember Connolly agreed that it would be worthwhile to have a sense of how many such facilities were located in San Rafael. With regard to the 1 Culloden Park residence Councilmember Heller inquired whether they were permitted to remain at six and under without oversight from the City, and whether they could utilize the eleven beds mentioned. Mr. Epstein stated he understood they had agreed for the time being, to remain at six or under residents. An opinion had already been rendered that these uses, because not enumerated in the zoning ordinance, were technically not in compliance with the municipal code. Initiating code enforcement was problematic and he would be more comfortable when the law was looked at carefully, harmonize the zoning ordinance and a number of definitions and come up with new regulations. If at that time it was found that either addresses, or any other facility in San Rafael was not in compliance, enforcement actions would be considered. Mayor Boro declared the public hearing opened: George Sylvester, Amy Likover, Louise Rubacky, Maria Collins, Hugo Landecker, Brian Kelly, Robert Butler, Courtney Booker, FX Roche, Michelle Gayle and Norman Schmidt expressed concern with regard to public safety, health standards, drug and alcohol abuse, number of residents, turnover, transiency, diminution of home values, disclosure, parking, etc. in connection with large group homes and favored extending the moratorium. Connie Arcuria, Robert Klinger, Jennifer Walker, Tony Arcuria and Mr. Stromness expressed opposition to extending the moratorium, or favored a shorter moratorium, on sober living facilities as the sober living environment was a very valuable community asset. There being no further comment from the audience, Mayor Boro closed the public hearing. Mr. Epstein clarified that the Fire Marshal participated in the inspection at both facilities and with regard to parking regulations, other than red zones, there were 72 -hour parking restrictions. a) Councilmember Levine moved and Councilmember Heller seconded, to accept the report. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Brockbank moved and Councilmember Levine seconded, to adopt the Ordinance. Ordinance No. 1894 — AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION WITHIN THE CITY OF SAN RAFAEL OF CERTAIN LARGE GROUP HOMES THAT ARE TRANSITORY IN NATURE, AND DECLARING THE URGENCY THEREOF CC 04-04-2011 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 13. None. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 14. Juanita McGuire Memorial Service: - File 9-1 Councilmember Brockbank announced that a memorial service would be held this Saturday, April 9, 2011, for Juanita McGuire, former Executive Assistant to the Fire Chief and long-time City of San Rafael employee. Marin Countv Supervisor Charles McGlashan Memorial Service: - File 9-1 Reporting that Marin County Supervisor Charles McGlashan passed away recently, Mayor Boro announced that a service would be held on Saturday, April 9, 2011 at 11:00 a.m. at the Marin Center. There being no further business, Mayor Boro adjourned the City Council meeting for April 4, 2011 at 10:25 p.m. in memory of Marin County Supervisor Charles McGlashan. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF , 2011 ALBERT J. BORO, Mayor CC 04-04-2011